Meeting Minutes: April 24, 2003


Present: Tobias Baskin, Rex Campbell, Gordon Christensen, Michael Devaney, Wilson Freyermuth, Richard Hessler, Tom Hurley, Philip Johnson, Eric Landes, Daniel Longo, Sudarshan Loyalka, Mike McKean, MaryEllen Sievert for Peggy Placier, Eileen Porter, Jenice Prather-Kinsey, David Schenker, Paul Sharp, Lloyd Barrow for Barbara Townsend, Bill Wiebold, Herbert Tillema (AAUP), Herbert Brown for Charles Cramer (Retirees), and Michael Muchow (Librarians). Absent: Jeffrey Anglen, Nelson Cowan, Bruce Cutter, Sara Gable, Judith Goodman, Bill Lamberson, Norman Land, Tom Marrero, Charles Sampson, Don Sievert, and Flore Zephir.

Report of Officers

The meeting was called to order by Chair Michael Devaney at 3:35 p.m. in room S203 of the Memorial Union. Devaney reported that the Executive Committee met with Provost Deaton on April 23. Deaton has scheduled a meeting for May 5 with the veterinary medicine faculty and other interested parties concerning the Research Animal Diagnostic Laboratory (RADIL). Those who wish to submit questions anonymously may send questions to Eileen Porter. Devaney noted that the budget outlook is dreary with a 5 percent increase in benefit costs certain and a 10.8 percent cut in state support possible. Some programs may be threatened and Devaney noted that processes in place to protect faculty will be fully implemented. A proposal by the Coordinating Board for Higher Education urging the General Assembly to consider revenue enhancement will be considered by the Executive Committee and brought before Council soon. In addition, the Executive Committee is preparing a proposal based on the findings of Judith Goodman's committee on grievance procedures. It will be presented to Council and brought to the Chancellor and Board of Curators for a three year trial period if approved. Finally, the winter semester general faculty meeting will be Tuesday, May 6, 2003 at 3:30 p.m. in Jesse Wrench Auditorium of the Memorial Union.

Action Items

Faculty Council Recommendations to COI Committee Regarding RADIL - Devaney. Devaney introduced a letter to the Chancellor and Provost with a copy to the Committee on Conflict of Interests regarding RADIL and the scope of conflicts to be considered. The letter recommends that administrators not receive RADIL incentives and that those receiving such incentives not occupy administrative positions. In addition, the letter requested that potential areas of conflict of interest be broadened to include faculty hiring decisions, faculty teaching, advising and service assignments, allocation of research resources and recommendations concerning promotion and tenure. Discussion was wide ranging and a motion to call the question passed unanimously. A motion to approve the letter's contents as outlined below passed unanimously with that unanimity to be reflected in the letter.
To: Chancellor Wallace, Provost Deaton, and Deputy Chancellor Middleton
From: The Faculty Council on University Policy
Subject: RADIL Conflict of Interest Committee Recommendations
The Faculty Council believes that administrators should not earn incentives from a particular source by virtue of their line authority over faculty who earns incentives from that source. There is less concern about the ethics of faculty earning incentives on their own merit than there is for the conflict of interest that can arise (a) when administrators earn incentives from a particular source not by virtue of their own academic efforts, but because they supervise faculty who can earn incentives from that same source; and (b) when in addition to (a), those administrators also supervise faculty who do not have the opportunity to earn incentives from that particular source. If instance (a) can be prevented, then instance (b) will not occur.
Specifically, with regard to RADIL, both instance (a) and instance (b) are operative. The Faculty Council wishes to emphasize the importance of academic and faculty governance matters (in contrast to fiscal matters) as potential areas of conflict of interest for administrators involved in RADIL. These potential areas of conflict include decisions by faculty administrators in regard to the following.
1. New faculty hiring decisions
2. Assignments of faculty teaching, mentoring/advising, and service responsibilities
3. Allocation of research equipment and research infrastructure resources (exclusive of that purchased by or paid for by RADIL)
4. Allocation of research laboratories and other space
5. Recommendations concerning promotion and tenure.
In the case of RADIL, to halt the occurrence of instances (a) and (b) and to prevent the possibility of conflicts of interest in matters such as #1 - #5, the Faculty Council recommends that one of the following courses of action be taken by the appropriate administrators:
1. That the associate dean (who is also Director of RADIL) and the chair of the Veterinary Pathobiology Department retain their current positions but relinquish all incentives from RADIL, OR
2. That the associate dean (who is also Director of RADIL) and the chair of the Veterinary Pathobiology Department be replaced by administrators who are not receiving incentives from RADIL.

Discussion Items

Resolution on Intercollegiate Athletics - Christensen. Gordon Christensen asked that consideration of a resolution on intercollegiate athletics be postponed pending the report of Dick Hessler's ad hoc committee.

Collected Rules and Regulations Change in Council Representation - Cutter

On behalf of the Special Projects Committee, changes in the Collected Rules and Regulations were introduced correcting and adding the names of renamed and newly named units entitled to representation on Faculty Council.

Standing Committee Reports

Faculty Affairs: Christensen, Chair, reported that a resolution concerning policies and procedures relating to tenure track faculty will soon be sent to the Executive Committee and that a report on chronic problems will soon be available.

Fiscal Affairs: Bill Wiebold, Chair, reported that Strategic Planning Resource Advisory Council (SPRAC) has formed three subcommittees, one of which is developing criteria for program review, a process which is apparently going to take place. Devaney added that MU's strategic plans are being revised in light of the present funding picture.

Any Other Business

Wiebold noted the status of implementation of the student module of PeopleSoft and reported on continuing faculty dissatisfaction with the project. Dan Longo noted that PeopleSoft requires identification by name in order to reimburse participants in clinical trials and that he has notified the School of Medicine's Institutional Review Board of this violation of confidentiality.


The open meeting adjourned at 4:10 p.m. Council then met in closed session for electing the grievance review panel members and for the 2003 campus and faculty standing committee nominations.

Respectfully submitted,
Tom Hurley, Recorder